13.11.2014 Views

skuld Charterers' Cover terMs & CoNdItIoNs - Extranet - Skuld

skuld Charterers' Cover terMs & CoNdItIoNs - Extranet - Skuld

skuld Charterers' Cover terMs & CoNdItIoNs - Extranet - Skuld

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Charterers’ cover TERMS & CONDITIONS<br />

MISCELLANEOUS<br />

27. TIME LIMITS<br />

Any claim against <strong>Skuld</strong> shall be waived and time barred unless,<br />

27.1. the Assured gives notice to <strong>Skuld</strong> of any Event which may give rise to a claim on <strong>Skuld</strong> within<br />

six months of the Assured becoming aware of that Event, and<br />

27.2. the Assured commences proceedings against <strong>Skuld</strong> in respect of that claim,<br />

a) within six months of receiving written notice from <strong>Skuld</strong> stating that the claim has been<br />

rejected,<br />

b) within three years of the end of the calendar year during which the Assured first<br />

received sufficient information to enable Assured to submit a claim to <strong>Skuld</strong>, or<br />

c) in the absence of such information, within ten years of the date of the Event giving<br />

rise to the claim unless the claim is dependent upon litigation or a general average<br />

adjustment still in progress at the expiry of the ten-year period, in which case<br />

that period will be extended until one year after the issue of the final judgment or<br />

adjustment, whichever first occurs.<br />

28. PROVISION OF SECURITY<br />

<strong>Skuld</strong> shall be under no obligation to provide security on behalf of the Assured.<br />

29. WAIVER<br />

<strong>Skuld</strong> Charterers’ <strong>Cover</strong> – Terms & Conditions, from 20.02.2012<br />

In the absence of an express written confirmation of cover by <strong>Skuld</strong>, no act (including the provision<br />

of security, payment of any sum or handling of any claim) or omission or delay by <strong>Skuld</strong> shall be<br />

treated as a waiver of <strong>Skuld</strong>’s rights or acceptance of cover. If <strong>Skuld</strong> provides security, incurs<br />

costs, or makes any payment in respect of a claim or dispute which turns out not to be covered, the<br />

Assured shall indemnify <strong>Skuld</strong>.<br />

30. SUBROGATION<br />

Where <strong>Skuld</strong> makes any payment in respect of any liability or costs, it shall be subrogated to the<br />

rights of the Assured or Co-assured and any recovery shall be passed to <strong>Skuld</strong> which shall be<br />

entitled to deduct a sum up to the amount paid by <strong>Skuld</strong> before any balance is credited to the<br />

Assured.<br />

31. EXEMPTION OF LIABILITY<br />

<strong>Skuld</strong>, its officers and employees shall not be liable in respect of any act or omission of <strong>Skuld</strong>, its<br />

officers, employees, correspondents, agents, representatives, lawyers, experts, surveyors or other<br />

party employed or appointed by <strong>Skuld</strong>, whether or not negligence is involved.<br />

20

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!